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" ... when any variance shall appear between the proof and the recital or setting forth on the record, writ, or document on which the trial is proceeding, of any contract, custom, prescription, name or other matter, in any particular or particulars in the... "
The Law and Practice as to Costs: With Statutes and Practical Forms ... - Page 186
by George Barclay Mansel - 1840 - 252 pages
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 1

Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - Law reports, digests, etc - 1835 - 1030 pages
...any such Court or Judge, in any civil action, or in any information in the nature of a quo warranto, or proceedings on a mandamus, when any variance shall...on the record, writ, or document on which the trial i> proceeding, of any contract, custom, prescription, name, or other matter, in any particular or particulars...
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The New Practice of the Courts of King's Bench, Common Pleas, and Exchequer ...

William Tidd - Civil procedure - 1837 - 720 pages
...such court or judge, in any civil action, or in " any information in the nature of a quo warranto, or proceedings on " a mandamus, when any variance...other matter, in any particular or particulars in the judg" ment of such court or judge not material to the merits of the case, " and by which the opposite...
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The New Practice of the Courts of King's Bench, Common Pleas, and Exchequer ...

William Tidd - Civil procedure - 1837 - 942 pages
...written or printed evidence and the record ; or, by the law amendment act f , where there is any variance between the proof and the recital or setting forth on the record, of any contract, &c. in any particular not material to the merits of the case, and by which the opposite...
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A Treatise on the Law of Evidence, Part 2

Samuel March Phillipps - Evidence (Law) - 1838 - 586 pages
...any such Court or Judge, in any civil action, or in any information in the nature of a quo warranto, or proceedings on a mandamus, when any variance shall...or other matter, in any particular or particulars (1) Sic. within the meaning of this section. (2) The sheriff presiding on a Hill c. Salt, -i Cr. &...
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An Abridgment of the Law of Nisi Prius, Volume 1

William Selwyn - Nisi prius - 1838 - 802 pages
...any such court or judge, in any civil action or in any information in the nature of a quo warranto, or proceedings on a mandamus, when any variance shall...prescription, name, or other matter, in any particular in the judgment of such court or judge, not material to the merits of the case, and by which the opposite...
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An Abridgment of the Law of Nisi Prius, Volume 2

Patrick Brady Leigh - Nisi prius - 1838 - 928 pages
...action, or in any information in the nature of a quo marranto, or proceedings on a mandamus, "lien any variance shall appear between the proof and the...setting forth, on the record, writ, or document on which tlie trial is proceeding, of any contract, custom, pretcription, name, or other matter, in any particular...
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Commentaries on the Laws of England: In the Order, and Compiled from the ...

William Blackstone, John Bethune Bayly - Law - 1840 - 764 pages
...any such court or judge in any civil action, or in any information in the nature of a quo warranto, or proceedings on a mandamus, when any variance shall...proof and the recital, or setting forth on the record, wTit, or document on which the trial is proceeding of any contract, custom, prescription, name, or...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 8

Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - Law reports, digests, etc - 1840 - 1100 pages
...JV. 4. c. 42. s. 23. gives the Judge power, if he " shall see fit so to do," to make the amendment " when any variance shall appear between the proof and the recital or setting forth on the record" "of any contract," &c., if the variance, in the judgment of the Judge, be one "not material to the...
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A Digest and Index with Chronological Tables of All the Statutes ..., Volume 1

George Crabb - Law - 1841 - 1068 pages
...¡A. papers, &c., of the court from which such record issued to be amended accordingly, it. Variances between the proof and the recital, or setting forth...the record, writ, or document, on which the trial is had, of any contracts, customs, prescriptions, names, and other matter or circumstances not material...
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Cases Argued and Determined in the Court of Common Pleas: With ..., Volume 3

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - Election law - 1841 - 1068 pages
...upon a given day, executed a lease to the latter. The statute empowers the judge to amend the record " when any variance shall appear between the proof and the recital, or setting forth on the record, &c., of any contract, custom, prescription, name, or other matter in any particular or particulars...
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